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New legislation outlaws domestic abuse(2)

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2016-03-01 09:37:28China Daily ECNS App Download

Age-old dilemma

Liu Bohong, a senior researcher at the Women's Studies Institute of China, said abuse has long been a hidden problem: "Traditionally, awareness and understanding of domestic violence have always been low in China."

About 30 years ago, a city mayor shared the story of a case of domestic violence with Liu, then a graduate student, and some of her peers. According to the mayor, a woman had been repeatedly and seriously beaten by her husband. Eventually, she could not bear the abuse any longer and turned to the mayor for help.

The request posed a dilemma. "How could I help her to choose between two types of suffering-going hungry or suffering abuse?" said Liu, quoting the mayor, who pointed out to the students that the woman didn't have a job, so she would have no income if she left her husband.

"What was very odd was that the mayor regarded the matter as one of choice. As a mayor, how could he ensure people were safe from both starvation and violence? At that time, that was his understanding of domestic violence," Liu said, adding that society's understanding of the problem has improved.

In September, at the UN headquarters in New York, President Xi Jinping proposed greater promotion of women's rights worldwide. "We must eradicate all forms of violence against women, including domestic violence. We should focus on gender equality and dismiss outdated mentalities and customs that inhibit women's development," Xi told the Global Leaders' Meeting on Gender Equality and Women's Empowerment, reflecting the fact that domestic violence is not only a serious matter in China but also across the world.

Guo Ruixiang, a program coordinator at UN Women China, said the issue extends far beyond the home: "Domestic violence is not just a family matter, but also a social problem."

A study of the States of the European Union found that 33 percent of women in the 28-member bloc had suffered at the hands of violent partners. At present, 119 countries have national laws that address the issue of violence against women, and the UN marks the International Day for the Elimination of Violence against Women on Nov 25 every year.

Wang, the lawyer, said domestic violence was a factor in more than half of the divorce cases in which he has acted. In 2012, in Jinan, Shandong province, Wang was a member of a group of lawyers and legal researchers that initiated China's first rights' protection alliance to tackle domestic violence. On Jan 10, the alliance opened a hotline-0531-88018785-to help victims nationwide.

"I hope victims of domestic violence now know how to find justice and protect their rights," Wang said.

In January, a local court issued a restraining order against an abusive husband in Hunan province in Central China, who had also been given an official warning by police. Experts said the moves mark the first effective case since the second draft of the new law was approved in December.

The new law "prohibits all forms of domestic violence", which it defines as: "Physical, psychological and other harm inflicted by family members, including beating, restraint, injury or arbitrary deprivation of liberty, recurring verbal threats and abuse".

It also clarifies the responsibilities of each party-including the police, courts and women's federations. The police are now required to intervene immediately when abuse is reported, to stop it at once and collect related evidence. Officers must also help victims obtain treatment and medical reports. In most cases, the courts must respond to applications for restraining orders within 72 hours, but cases deemed urgent require a response within 24 hours.

The law is intended to prevent domestic violence, protect the lawful rights and interests of family members and punish offenders, Song Xiuyan, vice-president of the All-China Women's Federation, said.

  

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